The Managing Director vs Mr. Purimigalla Veeranagaiah
2023 Latest Caselaw 3163 Tel

           THE HON'BLE SRI JUSTICE P.SAM KOSHY
                                  AND
THE HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY
                      M.A.C.M.A.No.207 of 2020

JUDGMENT:(per Hon'ble Sri Justice P.SAM KOSHY)


      The present is an appeal preferred by the Telangana Road

Transport Corporation (for short 'the TSRTC'), assailing the order dated

24.04.2019 passed by XXVII Additional Chief Judge, City Civil Court,

Secunderabad in M.V.O.P.No.107 of 2018.


2.    The challenge in the present appeal is to the aforesaid award so far

as the compensation of Rs.44,14,566/- awarded by the Tribunal with

7.5% rate of interest per annum from the date of application.


3.    Primarily, there have been two grounds raised by the learned

counsel for the appellant, one is that the Tribunal below has failed to

appreciate the fact that there was an element of negligence on the part of

the Auto Rickshaw in which the appellant was traveling and that it was

because of the negligent driving on the part of the Auto driver who was

trying to overtake the bus when the accident occurred, therefore, he

should also have been made as the party respondent.

4. The second ground raised by the learned counsel for the appellant

is that the income of the deceased assessed by the Tribunal is also higher.

Moreover, the fact that the Auto Rickshaw was infact responsible for

accident, the liability of payment of compensation should had been

accordingly proportioned. Having not done so, the appeal has been filed

calling for an appropriate order in this regard.

5. However, perusal of record would show that the appellants have

not led any evidence before the Tribunal nor have taken any steps for

impleadment of the driver and the insurance company of the Auto

Rickshaw as a necessary party to the proceedings that was going on in

the Tribunal.

6. Another ground that the appellant raised was that there was an

inordinate delay on the part of the appellant in approaching the Tribunal

in as much as the accident took place in the year 2012 and the claim

application was filed in the year 2017 and the said application was

numbered in the year 2018.

7. This contention of the appellant also does not find force for the

simple reason that as a result of the accident, the appellant received

grievous head injuries, resulting in him being declared as person with

unsound mind and he has been living in a vegetative state all along.

Therefore, it was the claim application was being prosecuted by his wife.

Given the health condition of the appellant, the delay on the part of the

claimants in filing the claim application cannot be found to be fatal or

detrimental in any manner.

8. Given the aforesaid facts and circumstances, we do not find any

strong case made out calling for an interference with the impugned

award, the appeal thus fails and is accordingly rejected.

9. As a sequel, miscellaneous petitions pending if any, shall stand

closed.

_________________ P.SAM KOSHY, J

_________________________________ LAXMI NARAYANA ALISHETTY, J 13.10.2023 Aqs

THE HON'BLE SRI JUSTICE P.SAM KOSHY AND THE HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY

M.A.C.M.A.No.207 of 2020

(per the Hon'ble Sri Justice P.SAM KOSHY)

13.10.2023

Aqs